WPIC 126.06 Failure to Disperse—Elements
11A WAPRAC WPIC 126.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 126.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 126. Public Disturbance
WPIC 126.06 Failure to Disperse—Elements
To convict the defendant of the crime of failure to disperse, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant congregated with a group of three or more other persons;
(2) That there were acts of conduct within that group which created a substantial risk of causing injury to any person or substantial harm to property;
(3) That the defendant was ordered to disperse by a peace officer or other public servant engaged in enforcing or executing the law;
(4) That the defendant refused or failed to disperse; and
(5) That any of these acts occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use WPIC 2.16 (Peace Officer—Definition) and WPIC 2.22 (Public Servant—Definition) with this instruction.
In element (5), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction).
For a discussion of the phrase “any of these acts” in element (5), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.84.020.
[Current as of November 2019.]
Westlaw. © 2024 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |